Define: Gift In Contemplation Of Death

A gift in contemplation of death, also known as a causa mortis gift, is a legal term referring to a gift of personal property made by a donor in anticipation of their imminent death. Unlike gifts made through a will (testamentary gifts), causa mortis gifts are made with the expectation that the donor will not recover from their illness or condition. To be valid, a gift in contemplation of death must meet certain requirements, including the donor’s intent to make a gift in anticipation of death, delivery of the gift to the recipient, and acceptance of the gift by the recipient. These gifts are revocable, meaning the donor can revoke the gift if they recover from the illness or condition that prompted the gift. However, if the donor does pass away as anticipated, the gift becomes irrevocable and takes effect immediately, bypassing the donor’s estate and probate process. Causa mortis gifts are subject to legal scrutiny to ensure they comply with applicable laws and are not the result of fraud, duress, or undue influence.

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This glossary post was last updated: 29th March 2024.